A Research On The System Of Public Participation In Urban And Rural Planning

Urban and rural planning is the administrative measures that government allocating city’s resources、achieving economic and social development in a certain period of time. With the rise of democratic administration in the whole background of internationalization, public participation system is bound to be integrated into the to our government’s functions at all aspects, urban and rural planning be the government functions of urban and rural construction also should undertake to integrate and improve the public participation system.((The Urban and Rural Planning Law of the People’s Republic of China)) was putted into force on January1st,2008, it made the planning of public be a mandatory provisions,"the formulation departments shall timely announce the planning which upon approval according to law", and "departments shall solicit opinions of the experts and the general public before the urban and rural planning to submit the examination and approval", But there are still lack of public participation in urban and rural planning system about the Public Participation:for example, on the legal mechanism level, the public has the right to participate in planning that is still the principle declaration, about planning decision-making authority still by the government’s own in the practice; on the implementation mechanism level, be shot of collective participation such as non-governmental organizations. Based on the present situation, I intend to through the research of the comparative study of the public participation system and analysis of the innovational practice at all regions, to summing up the present of planning in our country facing the predicament and its cause. The purpose of this thesis lies in how to start from the practice of urban and rural planning ideas on legal mechanism and the implementation mechanism and suggestions for perfecting the system of public participation.Everyone has the right to making、appraising and deciding the planning, this is a necessary requirement of city’s overall development. But the government still has limitations that utmost to maintain their own interests after all, so if city want to achieve a optimal development goal, only rely on "information should be open" by law is not enough, the law prescribes that is not have any execution "the public can express their opinions" also is not advisable. Therefore must be refine and improve the law mechanism, and improve the actualization mechanism, Urban and Rural Planning System of Public Participation will be truly implemented. I stand under the perspective of administrative law, adopted the methods such as comparative analysis, case study research combine theory and practice throughout this article. Place emphasis on two aspects of legislation and practice, in this paper, except foreword and epilogue, can be divided into the following four parts: the first part is defining concept and introducing the background of the Urban and Rural Planning System of Public Participation’s rise--developed by the democratic administrative theory, and the development of the system in our country--after entering the market economy also passed a law course. This second part is analyzing current situation and dilemma in our country, public participation in the shortcomings infinitely magnified due to two contradictions that is the fairness and efficiency、public interest and private interest; Implementation mechanism is not perfect; the law’s provisions are too vague to operational; No public participation in the formulation process and so on. This third part is discussed the related provisions of other countries and regions, made a review about it that can draw lessons from the beneficial experience such as USA、England and Hong Kong; This fourth part is making some ideas for the Urban and Rural Planning System of Public Participation’s perfection that aim at its troubles.